HomeMy WebLinkAboutLZC201200010 Legacy Document 2014-03-27��oF ALA
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
May 4, 2012
Inland Diversified Real Estate Trust, Inc.
and its lenders, successors and assigns
2901 Butterfield Road
Old Brook, Illinois 60523
RE: LZC201 20001 0 — Virginia Gas
Tax Map and Parcel Number 03200- 00- 00 -037B2
3470 Seminole Trail, Charlottesville, VA (the "Property ")
Dear Trust Representatives:
In response to your request concerning the above referenced property's compliance
with applicable codes, regulations and ordinances, please be advised as follows:
The property is zoned Commercial (C -1) under the zoning ordinance of the
County of Albemarle. The Commercial district permits food stores, automobile
service stations and eating establishments by right. Section 22 is attached.
The property is located in the Entrance Corridor Overlay District (EC) and is
subject to the rules and regulations regarding this district and within the Airport
Impact Area Overlay District.
The zoning of abutting properties is C -1 to the north and west, Highway
Commercial (HC) to the south and east.
■ The building identified as 29N. Convenience Center on SDP 1991 -86, later
amended by SDP 1992 -6, was constructed in 1992 according to the site plan,
was found to be in compliance at the time of completion and subsequently
received a Certificate of Occupancy on January 13, 1993. A copy of the CO is
not available as these records have been purged.
■ The structure was built according to an approved site plan based on the current
zoning ordinance and received a Certificate of Occupancy upon its completion
therefore it is considered a legally conforming use and structure.
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■ Commercial development within the County is not subject to density
regulations.
■ The latest amendment to the site plan shows the food /convenience store
served by 20 spaces, provided as follows: 1 space /employee for an automobile
service station (4 spaces required), 1 space /200 sq.ft. for the food store (4
spaces required) and 13 spaces /1000 sq.ft for food service /eating
establishment (10 spaces required) plus 2 additional spaces.
A site compliance visit was conducted April 30, 2012 as part of this review at
which time the inspector observed that a flag pole had been added to the site
which is not shown on the site plan. While the height limits do not apply to this
structure it is located closer to the property line than the height of the pole,
which is in violation of the zoning ordinance setbacks. A copy of that section of
the zoning ordinance is attached. Also, one of the required street trees along
the front of the property is missing, as well as some shrubs that were shown on
the approved site plan. These deficiencies must be corrected to avoid being in
violation.
■ There are no pending zoning or development applications for the property.
If you have any questions or concerns, please do not hesitate to call me.
Sincerely,
Ronald L. Higgins, AICP
Chief of Zoning
Enclosures: - Section 22 of the Albemarle County Zoning Ordinance — Commercial,
C -1, District Regulations.
- Section 4.10.3.1 of the Albemarle County Zoning Ordinance.
-Map of the Property with zoning.
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